The Veteran's claim for an initial rating in excess of 30 percent for Meniere’s syndrome is granted.,The application to reopen the claim of entitlement to service connection for a sleep disorder, to include obstructive sleep apnea, secondary to service-connected PTSD, is granted. The Board finds that new and material evidence has been submitted raising a reasonable possibility of substantiating the claim.,The Veteran's claim for a separate compensable rating for residuals of TBI apart from PTSD is remanded.
The deciding factor: The VA examiner found that the Veteran’s symptoms most closely approximated hearing impairment with attacks of vertigo and cerebellar gait occurring more than once weekly, which meets the criteria for a 100 percent rating under Diagnostic Code 6205.,Evidence received since the May 2017 Board decision relates to a previously unestablished fact necessary to substantiate the claim for entitlement to service connection for a sleep disorder, to include obstructive sleep apnea. The evidence includes articles on possible links between PTSD and sleep disorders.,The VA examiner opined that it is not possible to differentiate what symptoms are attributable to the Veteran’s psychiatric disability (PTSD) and not his TBI diagnosis because of overlap in symptoms.
- Claimed conditions
- Meniere’s syndrome, Obstructive sleep apnea
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 18, 2019
- Citation
- 19146855
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19146855.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for an acquired psychiatric disorder, chronic rhinitis, and obstructive sleep apnea. The headache claim was remanded for further examination.
- Partly granted
The appeal was denied for service connection of a cervical spine disorder, and several claims were remanded for further development.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
- Partly granted
The Board granted service connection for lumbar spine disability, as secondary to the Veteran's service-connected left foot crush injury, and sciatic radiculopathy of both lower extremities, also secondary to the newly service-connected lumbar spine disability. The Board denied an initial rating in excess of 70 percent for depressive disorder with unspecified anxiety disorder and a compensable rating for allergic rhinitis.
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